Alternatives to the High Cost of Litigation最新文献

Mass arbitration has emerged following efforts by corporate employers to safeguard the enforceability of their employment and consumer arbitration provisions, and plaintiffs’ moves to pursue individual arbitration remedies in the face of court-backed mandatory employment arbitration programs that prohibit court cases.

The annual CPR Corporate Leadership Award dinner returns this month to the Ziegfeld Ballroom in New York City to honor Visa Inc. and two of its executives for outstanding dispute prevention and conflict resolution work.

The CPR Institute's Annual Awards Program was led by an achievement award named in honor of CPR's founder for Ohio State University Moritz College of Law's Joseph B. Stulberg, and Diversity Award honorees—cited for their perseverance in improving equality and inclusion in conflict resolution practices—arbitrator Amanda Lee, of London, and academician and author Benjamin G. Davis, of Charlottesville, Va.

There is a growing concern worldwide about ensuring fairness and justice in society, especially on behalf of those at the margins who have the least resources.

When my oldest son, Ben, was a child, he loved the book series Curious George, about George, a monkey without a tail, and the Man in the Yellow Hat who captured George in Africa, and crossed the ocean to move him into a zoo in the big city.

Last month, the authors examined bias and the need for mediators' essential mission to preserve the parties' self-determination in the face of capacity issues. They conclude their four-part series this month focusing on accommodations and support for parties that need it. The first three parts of the series can be found at “Biases, Accommodations, and the Process Details for Americans with Disabilities Act Mediation,” 41 Alternatives 55 (April 2023) (available at https://bit.ly/3A4LH4K); “Focusing on the Neutral's Role in Setting Up Americans with Disabilities Act Mediation,” 41 Alternatives 39 (March 2023) (available at https://bit.ly/3EEnWDj), and “ADA Mediation, Updated: Revisiting 30 Years of Disabilities Practice,” 41 Alternatives 19 (February 2023) (available at bit.ly/3jTICQE) (which includes a box on Methodology and a Mediation Capacity Resource List sidebar).

Does mediation have a culture all its own?

On Sept. 24, 2023, please raise a glass to celebrate the centenary of the first truly international multilateral treaty on arbitration.

Last month, the authors presented an ADA case study on capacity issues, the application of the Model Standards of Conduct for Mediators, and some of the factors that limit a participant's ability to mediate. In this issue's Part 3, the focus is on bias and the need to preserve the parties' self-determination. The first two parts of this series can be found at “Focusing on the Neutral's Role in Setting Up Americans with Disabilities Act Mediation,” 41 Alternatives 39 (March 2023) (available at https://bit.ly/3EEnWDj), and “ADA Mediation, Updated: Revisiting 30 Years of Disabilities Practice,” 41 Alternatives 19 (February 2023) (available at bit.ly/3jTICQE).

In the wake of a New Jersey law firm's investigation into a claim that FINRA agreed to Wells Fargo's moves in gaming arbitrator selection in a dispute over the bank's investment services, the industry self-regulatory agency submitted proposed regulations revising arbitrator selection for securities disputes to the U.S. Securities and Exchange Commission.